OUR TERMS

1. THESE TERMS

1.1 These are the terms and conditions on which we supply our services to you.

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Once you have submitted your subscription request, our services will be deemed to have started and you will not be able to cancel and obtain a full refund.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Go Hard or Go Yard Limited a company registered in England and Wales No: 09147975 whose registered address if 5 Percy Street, Suite 1, London W1T 1DT and trading as trading GHO Fitness.

Our registered VAT number is 204 9308 26

2.2 You can contact us by by emailing admin@ghofitness.com or writing to us at 5 Percy Street, Suite 1, London W1T 1DT.

2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 Our acceptance of your subscription will take place when you submit your subscription, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your subscription request, we will inform you of this in writing and will not charge you. This might be, for example, because of unexpected limits on our resources which we could not reasonably plan for.

3.3 When you submit a subscription request, you will be asked to set up account details. It will help us if you can tell us your account details whenever you contact us about your subscription.

3.4 Our website is predominantly meant for those living in the UK. If you live outside of the UK then other additional terms may apply and we will inform you of these.

4. OUR SERVICES

4.1 The services that we offer are totally reliable upon the information that you provide us when completing the Lifestyle Questionnaire.

4.2 Before starting on your lifestyle plan you should consult your General Practitioner to ensure that the both the exercise and meal plans are right for you. This is particularly important if you have any allergies, food intolerances or any medical condition of any kind..

4.3 We will provide you with an exercise plan and meal plan based on the information you submit on your Lifestyle Questionnaire. You are wholly responsible for ensuring that you complete the exercises with reasonable care and skill, and that any of the food plans are suitable for your own dietary needs (i.e. any allergies, food intolerances etc).

4.4 We are not medical experts or medically trained and our services should be construed accordingly.

4.5 We make no guarantees that you will obtain your desired results. The results you wish to achieve as a result of using our service is dependent upon your actions and you are wholly responsible for creating your own results.

4.6 Our services are designed only for the use of adults – no-one under the age of 18 should use our services without adult supervision and an adult must pay for the services. We reserve the right not to accept or to cancel a subscription from a minor, or if we become aware that our service is being used by a minor

4.7 Our services, the information displayed on our website and that made available to you are not intended as a substitute for medical counselling or the professional advice of your General Practitioner.

4.8 Although we will use our best endeavours to keep our website, tools and services up to date, no assurances can be given that the information provided by us will reflect the most recent findings or developments with respect to the material provided.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your subscription please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9.

6. OUR RIGHTS TO MAKE CHANGES

6.1 We may change the service to reflect changes in relevant laws and regulatory requirements;

6.2 In addition, we may change the price of the service but if we do so we will notify you at least one month in advance and you may either end the contract as at the price increase point or continue with your subscription.

6.3 We may update or require you to update any digital content that is supplied as a part of our service.

7. PROVIDING THE SERVICE

7.1 We will begin the services on the date that you submit your Lifestyle Questionnaire. At that point you will have access to all of the content on our website.

7.2 Once we have received the Lifestyle Questionnaire we will then provide you with an exercise plan and meal plan as follows:

- if the Questionnaire is completed on or before 17.00pm on a Saturday, the plans will be sent to you 2 days later;

- if the Questionnaire is completed on a Saturday evening or Sunday, the plans will be sent to you by the following Sunday.

- Every 4 weeks your plan will be reviewed and updated based on your progress.

7.3 At the end of your initial subscription period, we will continue to supply the services to you until you end the contract as described in Clause 9 or we end the contract by written notice to you as described in clause 10.

7.4 If our supply of our service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.5 We need certain information from you so that we can supply our service to you. This is set out on the Lifestyle Questionnaire. We may also need other lifestyle and health information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying our service late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.6 We may have to suspend the supply of our service to:

(a) deal with technical problems or make minor technical changes;

(b) update the website or service to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the service as requested by you or notified by us to you (see clause 6.

7.7 We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for longer than 1 week we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.

7.8 If you do not pay us for the service when you are supposed to (see clause 12) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12).

8. YOUR RIGHTS TO END THE CONTRACT

8.1 Your rights when you end the contract will depend on whether you have started to use the services, whether there is anything wrong with the service, how we are performing and when you decide to end the contract:

(a) If the service is mis-described you may have a legal right to end the contract or for the service to be re-performed or to get some or all of your money back), see below

(b) If you want to end the contract because of something we have done or have told you we are going to do, see below;

(c) If you have just changed your mind about the service (see below) you may be able to get a refund if you have not started using the service and are within the 14 day cooling off period, but this may be subject to deductions;

8.2 For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.3 You do not have a right to change your mind in respect of:

(q) digital products after you have started to download or stream these;

(b) services, once these have been completed, even if the cancellation period is still running;

8.6 How long you have depends on whether you have started to use our services. If so, you have days after the day you submit your Lifestyle Questionnaire. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.4 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you will have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until:

(1) During the initial 3 months of your subscription, the last date of your subscription;

(2) During the periods following the end of your initial 3 month period, the end of the next calendar month after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 6 February we will continue to supply the product until the 31 st day of March. We will only charge you for supplying the service up to 31st March and will refund any sums you have paid in advance for the supply of the service after 31st March.

8.5 If you need to cancel the contract and the cooling off period has expired, and you have started using our services, we may, at our absolute discretion, still consider allowing you to cancel. We will consider your reasons for cancelling, such as if you have had a major injury, or your GP has advised you not to continue with the contract. In these circumstances, email us a admin@ghofitness.com and we will consider whether to allow you cancel with or without compensating us. Our decision in these circumstances will be final.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 To end the contract with us, please let us know by emailing us at cancel@ghofitness.com. Please provide your name, home address, details of the order and, where available, your phone number and email address; or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2 We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

9.3 If you are exercising your right to change your mind , we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.4 If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract for a product at any time by writing to you if:

× you do not make any payment to us when it is due and you still do not make payment within 7days of us reminding you that payment is due;

× you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service;

× you do not comply with our website policies;

× you allow any other person to use your log-in details to access your account.

10.2 If we end the contract in the situations set out in this clause 10 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract

11. IF THERE IS A PROBLEM WITH THE SERVICE

11.1 If you have any questions or complaints about the product, please contact us. You can email us at admin@ghofitness.com or write to us at 5 Percy Street, Suite 1, London W1T 1DG.

11.2 We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

As you are paying for services, for example, the Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013) .

12. PRICE AND PAYMENT

12.1 The price of the product (which includes VAT) will be the price indicated on the website.

12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 It is always possible that, despite our best efforts, the service could be shown at the incorrect price on the website. If, for whatever reason, the price is incorrect, we will contact you for your instructions before we accept your subscription. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid (unless you have started using the service then see clause 9).

12.4 We accept payment with most debit and credit cards. You must make advance payments for the service; the first payment will cover the initial 3 month period, and we will keep your payment details and use these to take payment on a monthly basis until such time as you tell us you wish to end the contract.

12.5 If payment by your card provider is rejected, we will give you 7 days in which to make payment and provide us with new card details. We will also charge you a fee of £12.00 (for each payment request that is rejected) to cover our administration expenses. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the service. However:

i. as with any exercise programme, you assume certain risks to your health and safety. Any form of exercise can cause an injury but this does not make us liable for those injuries;

ii. It is always possible that you may injure yourself in undertaking exercises in your programme, especially if they are not done correctly. By starting the programme you are choosing to participate in this risk and do so in the knowledge of those risks and voluntarily assuming all risks associated with exercise.

13.4 You are responsible for ensuring that any downloadable information from our website is compatible with your device.

13.5 We only supply the service for induvial, private use and we will have no liability to you for any loss of profit, loss of business etc. however so caused.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

Please refer to our privacy and cookies policy – insert link

15. OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].

15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

15.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provide. We are not currently members of any ADR scheme. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.